In Sourceworx v Datacentrix, the Gauteng High Court ruled that without a proper restraint of trade, an employee’s right to choose their employer cannot be limited by inter-company agreements. The Court rejected attempts to enforce no-poaching undertakings, emphasising constitutional rights, public policy, and the need for a legitimate protectable interest.

Understand how to craft and enforce restraint of trade clauses in South Africa to protect your business while staying compliant in 2025.